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Iran

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution provides for freedom of association, but neither the constitution nor law specifies trade union rights. The law states that workers may establish an Islamic labor council or a guild at any workplace, but the rights and responsibilities of these organizations fell significantly short of international standards for trade unions. In workplaces where workers established an Islamic labor council, authorities did not permit any other form of worker representation. The law requires prior authorization for organizing and concluding collective agreements. Strikes are prohibited in all sectors, although private sector workers may conduct “peaceful” campaigns within the workplace. The law does not apply to establishments with fewer than 10 employees.

Authorities did not respect freedom of association and the right to collective bargaining, and the government did not effectively enforce applicable laws. The government severely restricted freedom of association and interfered in worker attempts to organize. Labor activism was seen as a national security offense. The law does not prohibit antiunion discrimination and does not require reinstatement of workers fired for union activity. Antiunion discrimination occurred, and the government imprisoned, harassed, and restricted the activities of labor activists.

The Interior Ministry; the Ministry of Cooperatives, Labor, and Social Welfare; and the Islamic Information Organization determined labor councils’ constitutions, operational rules, and election procedures. Administrative and judicial procedures were lengthy. The Workers’ House remained the only officially authorized national labor organization, and its leadership oversaw, granted permits to, and coordinated activities with Islamic labor councils in industrial, agricultural, and service organizations with more than 35 employees.

According to CHRI, the labor councils, which consisted of representatives of workers and a representative of management, were essentially management-run unions that undermined workers’ efforts to maintain independent unions. The councils, nevertheless, sometimes could block layoffs and dismissals. There was no representative workers’ organization for noncitizen workers.

According to international media reports, security forces continued to respond to workers’ attempts to organize or conduct strikes with arbitrary arrests and violence. As economic conditions deteriorated, strikes and worker protests were numerous and widespread across the country throughout the year, often prompting a heavy police response. Security forces routinely monitored major worksites. According to CHRI, workers were routinely fired and risked arrest for striking, and labor leaders were charged with national security crimes for trying to organize workers.

CHRI reported that following protests in previous months, in June more than 60 workers at the Iran National Steel Industrial Group in Ahwaz, Khuzestan Province, were arrested for demanding their salaries, which had not been paid in three months. The Free Workers Union of Iran characterized the actions of security forces as a “barbaric raid” in the night.

According to a CHRI report, in August security forces violently suppressed protests at the Haft Tappeh sugarcane company in the southeast. Haft Tappeh, the country’s largest sugar production plant, had been the site of ongoing protests against unpaid wages and benefits for more than two years. Haft Tappeh’s employees, according to media reports in August, had not received any salary since May. According to CHRI, at least five workers were detained and charged with national security crimes but later released on bail following negotiations between labor representatives and judicial officials. In November, however, HRW reported that authorities had arrested all members of Haft Tappeh’s association of labor representatives, including Esmael Bakhshi and Mohsen Armand, two of the group’s prominent leaders.

According to NGO and media reports, as in previous years, a number of trade unionists were imprisoned or remained unjustly detained for their peaceful activism. Mehdi Farahi Shandiz, a member of the Committee to Pursue the Establishment of Labor Unions in Iran, continued serving a three-year sentence, having been convicted of “insulting the supreme leader” and “disrupting public order.” There were reports that Shandiz was beaten and tortured in Karaj Prison and kept for prolonged periods in solitary confinement.

The government continued to arrest and harass teachers’ rights activists from the Teachers Association of Iran and related unions. In November HRW reported on the government’s mounting crackdown against teachers participating in peaceful protests. HRW noted that the Telegram channel of the Council for Coordination among Teachers Unions reported the arrest of at least 12 teachers and the interrogation of 30 more. CHRI reported that IRGC agents arrested and beat teacher and trade union activist Mohammad Habibi in front of his students at Andisheh Technical High School in Shahriar in March. Habibi was sentenced to 10 and one-half years in prison. According to a CHRI report, Mahmoud Beheshti-Langroudi, the former spokesman for the Iranian Teachers’ Trade Association (ITTA), was incarcerated in Evin Prison in 2017 to begin serving a 14-year combined sentence for charges associated with his peaceful defense of labor rights. CHRI reported in July that Beheshti-Langroudi had commenced another hunger strike protesting his unjust sentence, the judiciary’s refusal to review his case, and the mistreatment of political prisoners.

According to reports from international media and human rights organizations, truck drivers launched nationwide strikes over low and unpaid wages throughout the year. HRANA reported that the government arrested at least 261 drivers in 19 provinces following a round of protests in September and October. The drivers were threatened with heavy sentences, and Attorney General Mohammad Jaafar Montazeri issued a public statement suggesting that those who initiated the protest should be subject to the death penalty. In October the International Transport Workers’ Federation expressed concern over the government’s harsh crackdown on labor action by truckers across the country, including the threat of the death penalty against organizers.

Esmail Abdi, a mathematics teacher and former secretary general of ITTA, continued serving a six-year prison sentence for labor rights activism. He was arrested in 2015 and convicted in 2016 for “propaganda against the state” and “collusion against national security.” CHRI reported in April that Abdi had written a letter from Evin Prison criticizing the judiciary’s “arbitrary and illegal rulings” and “widespread violations of the rights of teachers and workers in Iran.” He decried the “criminalization of trade unions” and demanded a public trial that he had thus far been denied.

Somalia

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The provisional federal constitution provides for the right of every worker to form and join a trade union, participate in the activities of a trade union, conduct legal strikes, and engage in collective bargaining. No specific legal restrictions exist that limit these rights. The law does not provide limits on the scope of collective bargaining. The provisional federal constitution does not address antiunion discrimination or the reinstatement of workers fired for union activity. Legal protections did not exclude any particular groups of workers. While penalties for violating the provisions of the 1972 labor code included six months in jail, the government lacked the capacity to enforce applicable laws effectively.

Government and employers did not respect freedom of association or collective bargaining rights. The government interfered in union activities. In June the FGS transmitted a memorandum of understanding signed between the Ministry of Labor and Social Affairs and the Federation of Somali Trade Unions (FESTU) agreeing to develop a shared set of enforceable principles, noting that FESTU is the most representative national trade union organization in the country, that the FGS and FESTU should establish a tripartite dialogue, and that the head of FESTU represents as worker delegate for the country. Two affiliated unions claimed that in February government officials called the hotels where they were holding meetings and asked the hotels to cancel the reservations for the unions.

In June FESTU became accredited to the International Labor Organization (ILO’s) International Labor Conference to represent Somali workers after the International Trade Unions Confederation (ITUC) submitted an objection against government-accredited persons who attended as workers’ delegates. The delegates were not trade union representatives and not genuine officials of FESTU. The FGS had accredited representatives over the past four years who FESTU argued were not genuine trade unionists. The ILO’s Credentials Committee agreed with the objection of ITUC and revoked the credentials of individuals accredited by the government as workers representatives, allowing FESTU leaders to be accredited as official delegation, representing workers of Somalia at the conference.

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The Lessons of 1989: Freedom and Our Future